Fictional product, illustrative draft. Not legal advice.

Scout Cloud -- Subscription Terms¶

Draft for counsel review. Not legal advice. Law as of 20 October 2026.

Scout Cloud is an optional add-on plan for cloud photo storage, EUR 4.99 or USD 4.99 per month, billed monthly and renewing automatically until cancelled. No free trial. These terms apply only to the Scout Cloud subscription; the camera, the desktop App and the Firmware are covered by the separate end user licence agreement.

Keep only the module for each subscriber's actual status; do not blend modules into one document served to everyone.

By [clicking the button labeled "Subscribe" / continuing to complete your Scout Cloud sign-up], you agree to these Scout Cloud terms and to our privacy notice.

[Link to the full terms, placed immediately next to this sentence and the control it names, in a colour and weight that contrasts with the surrounding text.]

Before you complete your sign-up, you can review and change your plan and your payment method. Once you submit, we will send you an electronic confirmation to the email address on your account.

EU consumers. Immediately before the order button, and with nothing else between the two, add the four-point disclosure: the technical steps to conclude the contract, whether we file the concluded contract and whether you can access it, the technical means to spot and correct an input error before you submit, and the languages the contract can be concluded in (Art. 10(1)(a) to (d) Directive 2000/31/EC).

Germany. The order button carries only PW-DE-1 ("zahlungspflichtig bestellen") or an equally unambiguous equivalent, with nothing else on it; the price (EUR 4.99 per month), the plan's main characteristics, that it renews monthly, and the rest of the EGBGB Art. 246a list sit directly before that button, highlighted, not behind a link (§ 312j Abs. 2, 3 BGB).

US. Place the assent sentence on the same screen as the control it names, in a size and colour comparably prominent to the surrounding text, directly next to the control, visible without scrolling. Do not use a pre-checked assent box.

Legal basis: references/clauses/acceptance-and-formation.md.

Module: price and payment¶

The total price for Scout Cloud is EUR 4.99 (or USD 4.99 for US customers), including all taxes, for each monthly billing period.

We accept payment by [payment methods]. [Where any method carries a fee: using [payment method] costs an extra [amount], which reflects what it costs us to accept it.] [Germany: a customary, reasonable, free payment option remains available alongside any surcharged method.]

We will not charge you anything beyond EUR 4.99 / USD 4.99 per month unless you have separately and expressly agreed to it. We do not treat your failure to uncheck a box, or your silence, as that agreement.

EU consumers. State the total price inclusive of all taxes for each billing period before you are bound (Art. 6(1)(e) Directive 2011/83/EU). Do not charge a payment-method fee above what accepting that method actually costs us (Art. 19). Germany. State the price and the rest of the EGBGB Art. 246a information clearly, comprehensibly and in a highlighted manner immediately before the order button; a link to a separate page is not enough (§ 312j Abs. 2 BGB). An extra-payment agreement beyond the stated price needs our express agreement and never arises from a pre-ticked default you had to uncheck (§ 312a Abs. 3 BGB). US. The references here do not cover a US federal or state duty on this single-transaction price disclosure; see the term, renewal and cancellation module below for the US auto-renewal price rules that do apply.

Legal basis: references/clauses/price-and-payment.md.

Module: term, renewal and cancellation¶

This subscription starts on the date we confirm your sign-up and continues for one month. Unless you cancel before the end of that month, it then renews automatically for successive one-month periods, at the price and on the terms in effect at the time of each renewal, until you cancel or we end it as this clause allows.

Before you are charged for the first time, and before each renewal, we will show you, or send you, the price you will be charged, how often you will be charged, and how to cancel.

You can cancel at any time. Cancelling stops the next renewal; it does not refund a period that has already started. There is no free trial on Scout Cloud, so this clause does not need a trial-conversion notice.

EU consumers. references/eu/uctd.md sets the EU-wide floor: an automatic renewal needs a reasonable, not unreasonably early, objection deadline, and cancellation is at least as easy as sign-up (UCTD Annex point (h)). EU business customers. The references do not set a business-specific renewal or cancellation position; treat a business-facing (reserve/farm) renewal and cancellation clause as an open point for counsel. Germany. Because Scout Cloud is a monthly continuing obligation on preformulated terms, state the renewal mechanism so it extends the contract onto an indefinite term, not a further fixed term, and gives you a contractual right to end the renewed contract at any time on no more than one month's notice (§ 309 Nr. 9 Buchst. b BGB).

Provide a cancellation button, permanently available, immediately and easily accessible, labelled PW-DE-2 ("Verträge hier kündigen"), routing directly to a confirmation page labelled with the PW-DE-3 ("jetzt kündigen") confirmation button (§ 312k Abs. 1, 2 BGB). The confirmation page asks only for: cancellation type; data identifying you; data identifying the contract; an optional end date you are never required to fill in; and an electronic channel for the confirmation (§ 312k Abs. 2 Satz 3 Nr. 1 Buchst. a to e BGB). No login step sits between the button and the confirmation page [pending the BGH's 5 November 2026 ruling -- see open-points.md, OP-19]. You can store your own cancellation declaration on a durable medium, time-stamped. We confirm receipt immediately, electronically, in text form, stating the content, the time stamp, and the resulting end date. A missing or non-compliant button or confirmation page lets you cancel at any time without any notice period (§ 312k Abs. 6 BGB). The confirmation page carries no retention offer, discount pitch, or pause option (§ 312k Abs. 2 Satz 3 BGB; BGH, judgment of 16 July 2026, I ZR 200/25).

US. Before taking your billing information, we disclose, in visual proximity to the control that records your consent: that the plan continues until cancelled, the cancellation mechanism, the charge (USD 4.99 per month) and whether and how it may change, that the renewal term is monthly, and that there is no minimum-purchase obligation (Cal. Bus. and Prof. Code § 17601(a)(2)(A) to (E); N.Y. Gen. Bus. Law § 527-a(1)(a)). We obtain your affirmative consent to the offer terms before the first charge and keep a verifiable record of it for at least three years, or one year after the contract ends, whichever is longer (Cal. Bus. and Prof. Code § 17602(a)(2), (a)(4), (a)(6)). After consent, we send a retainable acknowledgment covering the offer terms, the cancellation policy, and how to cancel (Cal. Bus. and Prof. Code § 17602(a)(3); N.Y. Gen. Bus. Law § 527-a(1)(c)). We describe the cancellation mechanism as [an in-app cancellation control / an account-settings page], reachable through at least the same medium you used to consent (Cal. Bus. and Prof. Code § 17602(f); N.Y. Gen. Bus. Law § 527-a(1)(d), (d-1)). If online acceptance is offered, we add no step beyond permitted account authentication that delays online cancellation (Cal. Bus. and Prof. Code § 17602(d)(1)). Where a material change, including a fee change, is made, we give clear, conspicuous, retainable notice with cancellation instructions 7 to 30 days before it takes effect in California (Cal. Bus. and Prof. Code § 17602(g)(2)) and 5 business days to 30 days before it takes effect in New York (N.Y. Gen. Bus. Law § 527-a(1)(g)); in New York, on a price increase, we either capture your affirmative consent to the new price before charging it, or let you cancel within at least fourteen days after the charge with a pro rata refund (N.Y. Gen. Bus. Law § 527-a(1)(b-1)). Nothing here interferes with, detracts from, or contradicts your ability to give affirmative consent to renewal, and we do not misrepresent whether the plan renews automatically (Cal. Bus. and Prof. Code § 17602(a)(5), (a)(7)). A discount, retention benefit, or cancellation-effect information is shown only together with the required cancellation trigger, never instead of it or ahead of it (Cal. Bus. and Prof. Code § 17602(e)(1), (e)(2); N.Y. Gen. Bus. Law § 527-a(1)(e)(i), (e)(ii)).

Legal basis: references/clauses/term-renewal-and-cancellation.md; references/checklists/subscription-auto-renewal.md.

Module: changes to these terms¶

We may update these terms from time to time. Where a change is more than a minor clarification, correction of an error, or adjustment required to keep Scout Cloud lawful, safe or secure, we will tell you about it in advance, state the reason for the change and when it takes effect, and give you a reasonable period before the change applies. Where the change is more than a minor negative effect on your access to or use of Scout Cloud, you may end the contract free of charge within the notice period described above. A change does not apply to a dispute that already exists between you and us before the change takes effect.

EU consumers. A change is permitted only where this contract itself allows it and states a valid reason, the change carries no extra cost for you, you are told about it clearly, and, where it does more than minimally and negatively affect your access or use, you are told reasonably in advance, on a durable medium, with at least 30 days to terminate free of charge or keep the unmodified version instead (Art. 19 Directive (EU) 2019/770). Germany. A clause letting us change these terms, including price, through your silence or continued use, with no substantive limit on what can be changed, is invalid, even where a matching special termination right is also offered (BGH, judgment of 27 April 2021, XI ZR 26/20). US. No change applies to a dispute that has already accrued before the change takes effect, and no change binds a person who has only browsed Scout Cloud without subscribing (Heckman v. Live Nation Entertainment, Inc., 120 F.4th 670).

Legal basis: references/clauses/changes-to-terms.md.

Module: the right to withdraw (EU and Germany)¶

Fernlook gives you 14 days to withdraw from this Scout Cloud subscription, without giving any reason and without any cost beyond what this clause states.

The withdrawal period runs for 14 days from the day this contract is concluded (not from receipt of goods, since this is a digital service, not a goods purchase -- this is a separate withdrawal notice from the one given for your camera purchase, with its own period and its own trigger date; see open-points.md, OP-21). To withdraw, you tell Fernlook of your decision by a clear statement, for example a letter sent by post, a fax, or an email to legal@fernlook-optics.test. You may use the withdrawal form at [link], but do not have to. Sending the withdrawal statement before the period ends is enough to meet the deadline.

[Where Scout Cloud is subscribed to through an online interface: you may also withdraw through the withdrawal function at [link or location], available at any time during the withdrawal period. Using this function needs you to give or confirm your name, the details identifying this subscription, and a way of reaching you to confirm the withdrawal. A second, separate step then submits the declaration. Once that second step is taken, we send an acknowledgment without delay, stating what was declared and when it was received. For a German-facing interface, the withdrawal function and the confirmation control carry the labels PW-DE-4 ("Vertrag widerrufen") and PW-DE-5 ("Widerruf bestätigen"), or an equally unambiguous equivalent for each.]

If you withdraw, we refund every payment received within 14 days of being told of the withdrawal, using the same payment method you used, with no fee.

Because Scout Cloud is a digital service: if you asked for the service to start before the withdrawal period ends, you pay a share of the agreed price for what was supplied up to the point of withdrawal. You owe nothing for that early-started service where we did not get your express request and prior acknowledgment for the early start, or did not give you the information on the withdrawal right and its costs that this clause describes.

EU consumers. Add the bracketed withdrawal-function paragraph where the trader concludes the contract through an online interface, and label the two controls PW-EU-2 and PW-EU-3 (or PW-EU-7 and PW-EU-8 for a German-facing document); this applies on top of the letter-or-email route, not instead of it (Art. 11a(1) Directive 2011/83/EU). Attach the complete model withdrawal information, correctly filled in for a service contract, as the withdrawal-information section of these terms (PW-EU-4, or PW-EU-9 for German) (Art. 6(1)(h)). Offer the model withdrawal form alongside it (PW-EU-5 or PW-EU-10) as something you may use, never as the only valid way to withdraw. EU business customers. Drop this module for a business customer (such as a reserve or farm) acting in that capacity (Art. 2(1) Directive 2011/83/EU). Germany. Label the withdrawal function and its confirmation control PW-DE-4 and PW-DE-5 for any distance contract concluded through an online interface (§ 356a Abs. 1 to 3 BGB). Use the complete Muster-Widerrufsbelehrung, PW-DE-6, filled in for a service contract, as the statutory safe harbor for the withdrawal-information duty (Art. 246a § 1 Abs. 2 EGBGB). US. These reference files cover no US withdrawal or cooling-off right; do not reuse this module's 14-day period for a US-facing document.

Legal basis: references/clauses/withdrawal-eu.md.

Module: what Scout Cloud delivers (warranty and conformity)¶

Fernlook supplies Scout Cloud so that it matches what this contract describes and promises, and, on top of that, has the quantity, quality, and performance a consumer may reasonably expect for a cloud storage service of this kind, including its usual functionality, availability and security.

If Scout Cloud does not match what this clause promises, you can ask Fernlook to fix it; Fernlook has a free choice of how to bring it into conformity. The fix is free of charge, happens within a reasonable time, and causes you no significant inconvenience. If the fix does not happen in time, fails, or Fernlook refuses or will clearly not do it, you can ask instead for a price reduction, or can end the contract unless the problem is only minor.

EU consumers. State the liability period as at least two years from supply, extended to the whole period Scout Cloud continues to be supplied, since this is continuous supply (Art. 11(2), (3) Directive (EU) 2019/770). An interruption of more than a negligible time, or one that recurs, already counts as a lack of conformity; this clause does not define conformity so that only a total outage counts (recital 51). Termination is unavailable for a merely minor lack of conformity, and the burden of proving the shortfall is minor sits with Fernlook (Art. 14(6)). Germany. Use the German terms for the two conformity layers (§ 327e Abs. 2 BGB). State the limitation start as the end of the supply period for continuous supply (§ 327j Abs. 2 BGB). US. Fernlook does not issue a separate written warranty for Scout Cloud; this conformity statement is not itself a Magnuson-Moss written warranty, since it carries no tied performance level over a stated time beyond the service description itself.

Legal basis: references/clauses/warranty-and-conformity.md.

Module: liability and disclaimers¶

Nothing in these terms limits or excludes a liability that the law does not let Fernlook limit or exclude. In particular, nothing here limits Fernlook's liability for death or personal injury, for its own fraud or intentional wrongdoing, for a grossly negligent breach of duty, for a negligent breach of a duty essential to this contract, or for liability a specific statute states cannot be contracted away.

Outside what the paragraph above protects, Fernlook's liability for a negligent breach of a duty that is not essential to this contract is limited to the loss that was foreseeable and ordinary for a subscription of this kind. Fernlook is not liable for indirect or consequential loss, including lost profit or lost photos, except where the paragraph above says this clause cannot limit that liability.

EU consumers. State the floor first: nothing reaches liability for death or personal injury caused by Fernlook's own act or omission, or unduly excludes your legal rights for non-performance (Annex points (a), (b) UCTD). Germany. No clause excludes or limits liability for death, personal injury, or harm to health arising from a negligent breach by Fernlook, or an intentional or negligent breach by its staff or agents, with no carve-out for any contract type (§ 309 Nr. 7 Buchst. a BGB). US. Draft a conspicuous as-is/as-available disclaimer and a liability cap (a stated dollar figure, or the subscription fees paid in a defined period, whichever is greater), paired with a disclaimer of incidental and consequential damages. For a California subscriber, no release, disclaimer or limitation clause may exempt Fernlook from its own fraud, from willful injury, or from a violation of law (Cal. Civ. Code § 1668).

Legal basis: references/clauses/liability-and-disclaimers.md.

Module: indemnity (business subscriptions)¶

[Drop this module for an EU consumer subscription; use it only for a business-to-business Scout Cloud subscription, for example a nature reserve or farm account.]

The business subscriber covers Fernlook for a loss, cost, or claim a third party brings against Fernlook because of: content the business subscriber uploads through Scout Cloud; the business subscriber's own breach of this contract; or the business subscriber's use of Scout Cloud in a way this contract does not allow. This covers Fernlook's reasonable costs of defending the claim and any amount Fernlook has to pay because of it, once the claim is confirmed or settled with the business subscriber's agreement.

EU consumers. Drop this module outright for an EU consumer subscription: an indemnity running from the consumer toward Fernlook is tested under the significant-imbalance and good-faith standard and typically falls within the Annex pattern of binding the consumer to obligations Fernlook itself does not mirror. Germany. Drop this module for a consumer subscription for the same reason; an indemnity clause that shifts onto the consumer the burden of proving a circumstance within Fernlook's own sphere of responsibility is void outright (§ 309 Nr. 12 Buchst. a BGB). EU business customers / US business. Use the model wording above; state a cap, a time limit, and a defense-and-control mechanic as negotiated terms.

Legal basis: references/clauses/indemnity.md.

Module: your photos and your personal data¶

Your wildlife photos stay on your own storage, or in Scout Cloud if you subscribe. We store Scout Cloud photos to provide the storage service you subscribed to and for no other purpose, unless we tell you otherwise and ask for your separate agreement first.

We process your personal data only where we have a lawful basis for it, and we tell you, for each purpose, which basis we rely on. See the privacy notice for the full detail, including the diagnostic data your camera generates, which this clause does not separately restate.

EU consumers. Where you pay for Scout Cloud by money, this is a conventional paid digital service, not a data-as-price contract; the Digital Content Directive's data-as-price scope rule does not apply on that ground, though the GDPR lawful-basis regime for personal data (including any personal data incidentally contained in your photos) applies regardless (Art. 3(1) DCD; Art. 6(1) GDPR). Germany. Where personal data processing terms also sit alongside this subscription, they do not excuse the separate Kündigungsschaltfläche duty in the term, renewal and cancellation module above; the confirmation page there may carry no re-consent request or privacy-settings prompt beyond its five statutory input fields (§ 312k Abs. 2 Satz 3 BGB). US. State, at or before collecting personal information from a California resident in connection with Scout Cloud, the categories collected and the purpose of each, whether each category is sold or shared, and the retention period (Cal. Civ. Code 1798.100(a)(1) to (3)).

Legal basis: references/clauses/privacy-and-data.md.

Module: governing law and jurisdiction¶

This agreement and any dispute arising out of or in connection with it are governed by the law of the Netherlands, without regard to its conflict-of-law rules. The courts of Amsterdam, the Netherlands have [exclusive / non-exclusive] jurisdiction to settle any dispute arising out of or in connection with this agreement.

EU consumers. Keep the home-jurisdiction choice of law, but add: this choice of law does not deprive you of the protection of any mandatory rule of the law that would apply, under the law of the country where you have your habitual residence, in the absence of this clause (Rome I Art. 6(1), (2)). Drop the named-court sentence. State instead that you may bring proceedings in the courts of Fernlook's member state of domicile, or, at your own choice, in the courts of your own member state of domicile, and that Fernlook may bring proceedings against you only in the courts of your own member state of domicile (Brussels Ia Art. 17(1)(c), 18(1), (2)). EU business customers. Keep the model wording's choice-of-law sentence; state expressly whether the forum clause is exclusive or non-exclusive. US. Keep the model wording's choice-of-law and forum sentences, naming the business's chosen US jurisdiction if different from the Netherlands -- confirm with counsel (see open-points.md, OP-22).

Legal basis: references/clauses/governing-law-and-jurisdiction.md.

Module: dispute resolution¶

Before starting a formal proceeding, you agree to tell Fernlook about the dispute in writing and give it 30 days to try to resolve it directly.

EU consumers. Drop the arbitration requirement and the individual-claims-only requirement entirely; you keep an unrestricted right to go to court. [Germany:] add the standing VSBG notice naming whether and to what extent Fernlook is willing or obliged to take part in proceedings before a consumer arbitration body. US. [If Fernlook wants arbitration for US consumers:] if the dispute is not resolved during that period, it will be resolved by binding arbitration on an individual basis rather than in court. Add, as a separate sentence, that nothing here waives, in any forum, a California consumer's statutory right to seek public injunctive relief under the Consumers Legal Remedies Act, the unfair competition law, or the false advertising law. A sexual assault or sexual harassment dispute accruing on or after March 3, 2022 is never routed to predispute arbitration at the claimant's election.

Legal basis: references/clauses/dispute-resolution.md.

Module: notices, assignment, severability and entire agreement¶

We will send a notice required under this agreement to the email address on your account, or through a message inside Scout Cloud, unless this agreement states a different channel. A notice to us goes to legal@fernlook-optics.test.

Fernlook may transfer this agreement to another entity, for example as part of a merger, acquisition, reorganisation or sale of some or all of its assets. Where such a transfer would reduce the guarantees you have under this agreement, Fernlook will tell you before the transfer takes effect and will not make the transfer without your agreement.

If a court or authority finds that a part of these terms is not valid or not enforceable, the rest of these terms stays in effect. These terms are the entire agreement between you and Fernlook about Scout Cloud, and replace any earlier agreement or statement about that subject matter.

EU consumers. State that a notice or confirmation required by this agreement is given on a durable medium; a bare link to a webpage is never a durable medium on its own (Art. 2(10) Directive 2011/83/EU; Case C-49/11, Content Services). Once a court finds a term unfair, it has no power to revise or reduce it: the whole term is disapplied. Germany. A clause barring you from assigning a money claim against Fernlook is void outright (§ 308 Nr. 9 Buchst. a BGB). Where a standard term is invalid, the rest of the contract stays valid and the gap is filled by statutory law. US. A contract, signature, notice or other record is not denied legal effect only because it is in electronic form.

Legal basis: references/clauses/notices-and-communications.md; references/clauses/assignment.md; references/clauses/severability-and-entire-agreement.md.

Open points to raise¶

Whether a specific US state beyond California and New York (for example a state crossed by the "nationwide" sales the client described) imposes its own auto-renewal duty on this monthly plan is not settled here (references/clauses/term-renewal-and-cancellation.md); see open-points.md, OP-14.
Whether billing for Scout Cloud runs through a third-party app-store billing system (Apple/Google) rather than Fernlook's own checkout is not stated by the client; if it does, whether the same-medium-as-consent duty in California and New York, and the German cancellation-button duty, can be met through that platform's own flow is an open point the underlying clause files raise without settling.
Whether the EU consumer position on term length and notice periods outside Germany matches the Germany module's specific figures is not settled here; see open-points.md, OP-12.
A business-to-business (reserve/farm) assignment, indemnity cap, severability, and entire-agreement position under US law is not settled here.